Surrogacy Laws in Mexico

After the Supreme Court ruled that surrogacy was a protected medical procedure in the year 2021, surrogacy laws in Mexico underwent a major change. Therefore, following the delivery of their surrogate children, intending parents can now be included on the birth certificates of such children in various Mexican states.

Nevertheless, you must do your homework in regard to surrogacy laws in Mexico before putting the first step forward. This way, you can proceed with the surrogacy arrangement without getting stuck in any random legal complications.

Understanding the surrogacy laws in Mexico

In 2021, Mexico became one of the few countries with a system that allows married, single, homosexual, heterosexual, and foreign intending parents to use the services of a surrogate mother in Mexico.

The Supreme Court decision invalidated the surrogacy ban imposed by the State of Tabasco. The ban was overturned, and the regulations were restored to their prior state. As a result of the court’s decision, no state in Mexico may currently outlaw surrogacy.

By a significant margin, the Supreme Court ruled in favor of the new structure. The decision also emphasized three significant elements:

Surrogacy as a guaranteed human right

The court learned that references to the right to a family appear in both American and European human rights declarations. A child’s right to learn about his or her family’s past is analogous. Thus, the Supreme Court recognized the need for surrogacy laws in Mexico as a recognized human reproductive technique.

Given that the right to the family formation (including a child’s access to his or her family’s history) is a recognized human right and that all Mexican courts are mandated to promote and protect human rights.

In accordance with the Court’s decision, all Mexican courts and judges must from this point forward find that any kid born through a surrogacy arrangement is unquestionably the legal child of the intended parents if there is a clear agreement with the surrogate mother in Mexico.

The intended parents stand as the child’s legal parents

The will of those involved is the fundamental and most crucial criterion in establishing a familial link, the court said. The desire to raise a child as one’s own, even though it is not medically possible, on the other side, establishes paternity. Therefore, the “Commissioning Parties” ought to be regarded as the actual parents of any children born in Mexico as a result of surrogacy.

Similar to when assisted reproductive technologies are utilized, it is not necessary to demonstrate a biological relationship in order to establish parental rights over a child; rather, there must be a procreative or reproductive intent. On the other hand, the surrogate mother’s permission and a vice-free will are also necessary in the case of surrogacy.

Everyone must be able to access surrogacy

Each and every person has the right to use assisted reproductive technology to have a child. Men and women of legal age have the freedom to marry and have children without any limitations based on race, nationality, or religion. Since this right is neither inherently male nor female, it is available to both heterosexual and same-sex individuals.

Surrogacy laws in Mexico: What Intended parents must know?

Like the US, every state in Mexico has its own regulations regarding surrogacy within its borders. Additionally, in 2016 several states in Mexico outlawed surrogacy as a result of numerous high-profile media incidents. But in 2021, the Supreme Court struck down the limitations. As a result, surrogacy is now accepted as legitimate in every Mexican state.

Although surrogacy has been upheld by the courts in Mexico, several states have been slow to execute the rule. Only a few regions of Mexico are still safe for surrogacy as a result. Therefore, if you are interested in becoming a surrogate mother in Mexico or an intended parent, it is highly advised that you work with a reputable surrogacy agency in Mexico.

How can we help?

At Surrogacy Consultancy, we are a team of professional surrogacy experts who got all the required experience to take your surrogacy journey forward in a smooth and simpler manner. With our legal experts by your side, you can stay assured of all the required support and assistance.

Connect with one of our coordinators to schedule a free consultation!